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Stablecoin issuer / redeemer in India

Issues a fiat-pegged stablecoin to the public, operates redemption, and holds reserves backing the float.

Conditional AI-Generated · Unreviewed

Stablecoin issuer is conditionally permitted in India with a local entity, subject to AML obligations and high licensing burden.

Verdict Details

Permitted
conditional
Local entity required
Yes
Licensing burden
High
Last updated
2026-07-13

AML Obligations

  • Registration with FIU-IND as a VDA Service Provider (reporting entity under PMLA) — mandatory for all VASPs
  • AML/CFT compliance under Prevention of Money Laundering Act (PMLA), 2002, amended March 7, 2023 — covering stablecoin issuance/redeem as VDA activity
  • Implement transaction monitoring systems (risk-based, real-time, AI-powered) as per FIU-IND guidelines
  • Deploy blockchain analytics tools for wallet screening, chain-hopping detection, and mixer identification
  • Travel Rule compliance — share originator/beneficiary details for virtual asset transfers via secure channels, with screening and recordkeeping
  • Continuous screening of wallets and counterparties against OFAC SDN List, EU Consolidated Sanctions List, and UN Consolidated List
  • Freeze and report sanctioned cryptoassets immediately; file SARs to FIU-IND
  • PMLA penalties: fines up to 3x contravention value + 3–7 years imprisonment; FEMA penalties up to 3x amount
  • Tax obligations: 30% flat tax under Section 115BBH on VDA income; 1% TDS under Section 194S on transactions above INR 50,000

Key Restrictions

  • No specific stablecoin or e-money licensing framework exists — stablecoin issuance falls into a regulatory gap
  • RBI is historically hostile to private crypto (attempted ban in 2018, reversed by Supreme Court 2020); stablecoins may face de facto payment system restrictions
  • Foreign-issued stablecoins face enforcement risk — 9 offshore exchanges were blocked in Jan 2024 for non-compliance; only FIU-registered entities may lawfully operate
  • No comprehensive crypto legislation — legal basis rests on PMLA amendment and tax code, not a bespoke stablecoin regime
  • 30% flat tax on all VDA income and 1% TDS on all transactions above INR 50,000 (no loss offset) creates severe operational friction for stablecoin economics
  • No explicit framework for reserve segregation, custody, audit, or redemption rights for stablecoin issuers

Key Risks

  • High regulatory ambiguity — no stablecoin-specific law means any issuance could be retroactively deemed illegal by RBI or SEBI
  • RBI may classify stablecoins as payment instruments regulated under the Payment and Settlement Systems Act, requiring additional licensing
  • Enforcement risk from RBI blocking fiat on/off ramps for stablecoin issuers (as seen with crypto exchanges historically)
  • Tax treatment (30% flat, no offset, 1% TDS) makes stablecoin economics difficult — every transaction including redemption could trigger taxable events
  • Securities classification risk — SEBI could classify algorithmic or yield-bearing stablecoins as securities
  • Offshore stablecoins (USDC, USDT) face service-block risk — exchanges distributing them must be FIU-IND registered or face blocking
  • No legal redemption rights framework for holders; consumer protection is absent

Evidence

This verdict synthesizes the following facts. Each fact links to its primary source(s).

licensing 92% confidence

FIU-IND registers VDA service providers as reporting entities under the PMLA 2002 (FIU guidelines effective 10 Mar 2023); on 28 Dec 2023 it issued section 13 show-cause notices to nine offshore VDA service providers and asked MeitY to block their URLs.

licensing 75% confidence

SEBI does not license crypto exchanges or classify crypto tokens; the Ministry of Finance states that crypto products and NFTs are unregulated in India, and VDA service providers register with FIU-IND under the PMLA.

licensing 90% confidence

The RBI runs the e₹ CBDC, which is being piloted in retail and wholesale segments (RBI FAQ, 1 Oct 2026); its 6 Apr 2018 circular barring regulated entities from dealing in virtual currencies was set aside by the Supreme Court on 4 Mar 2020.

licensing 90% confidence

PMLA 2002 s 2(1)(sa)(vi): Ministry of Finance notification F.No. P-12011/12/2022-ES Cell-DOR of 7 Mar 2023 brought five VDA activities under the Act, and VDA service providers must register with FIU-IND as reporting entities (FIU guidelines effective 10 Mar 2023).

licensing 90% confidence

Finance Act 2022 inserted s 115BBH (30% tax on income from transferring a virtual digital asset, from AY 2023-24) and s 194S (1% TDS from 1 Jul 2022; none where a specified person pays up to ₹50,000 a year or another payer up to ₹10,000). Section numbers are those of the Income-tax Act 1961; the Income-tax Act 2025 replaced that Act from 1 Apr 2026 and also defines VDAs.

licensing 90% confidence

India has no VASP licence: VDA service providers register with FIU-IND as PMLA reporting entities (guidelines effective 10 Mar 2023). PIB reported 31 registered as of 28 Dec 2023 and 50 as of 1 Oct 2025; FIU-IND publishes no register.

licensing 85% confidence

India has no custody-specific crypto framework; safekeeping or administration of VDAs, or of instruments enabling control over VDAs, is one of the five activities notified under PMLA s 2(1)(sa)(vi) on 7 Mar 2023, so custodians register with FIU-IND as reporting entities.

licensing 90% confidence

VDA exchanges (VDA–fiat and VDA–VDA) must register with FIU-IND under the PMLA; non-registered offshore exchanges received section 13 notices on 28 Dec 2023 (9), 1 Oct 2025 (25) and 9 Sep 2026 (15), with URL-blocking or IT Act s 79(3)(b) takedown action.

licensing 90% confidence

FIU-IND guidelines of 10 Mar 2023 (§6.1.3) require VDA service providers to monitor transactions passing through their systems and to maintain transaction monitoring systems that determine the origin of a VDA and monitor its destination.

licensing 20% confidence

Blockchain Analytics Tools: Supported indirectly. Sources highlight blockchain monitoring (e.g., SaaS models analyzing wallets, histories, and typologies like chain-hopping or mixers) as essential for VASP compliance, often integrated with transaction monitoring.

licensing 90% confidence

FIU-IND guidelines of 10 Mar 2023 (§11.3 "Travel Rule") require VDA service providers, under PMLA Rule 12(1)(a), to include accurate originator and beneficiary information on VDA transfers and to monitor for transfers lacking it; §11.3 states no threshold.

aml 90% confidence

VDA service providers were brought under the Prevention of Money-laundering Act 2002 by Ministry of Finance notification F.No. P-12011/12/2022-ES Cell-DOR of 7 March 2023, which designated five VDA activities under s 2(1)(sa)(vi); FIU-IND's AML & CFT guidelines for these providers took effect on 10 March 2023.

aml 90% confidence

Five VDA activities carried on for or on behalf of another person make a provider a PMLA reporting entity: VDA-fiat exchange, VDA-VDA exchange, VDA transfer, safekeeping or administration of VDAs, and financial services for an issuer's VDA offer; all must register with FIU-IND, which counted 31 registered providers on 28 December 2023 and 50 on 1 October 2025.

aml 88% confidence

FIU-IND's 10 March 2023 AML & CFT guidelines require VDA service providers to run transaction-monitoring systems that trace the origin and destination of VDAs (§6.1.3), expect blockchain-analytics and sanctions-screening tools in client due diligence (§5.8.5), and apply the travel rule to VDA transfers (§11.3).

aml 88% confidence

The Prevention of Money-laundering Act 2002 was not amended to cover VDAs: the 7 March 2023 notification added VDA activities under s 2(1)(sa)(vi), so VDA service providers are reporting entities under s 2(1)(wa), bound by s 12 record-keeping and reporting duties and subject to FIU-IND penalties under s 13.

aml 85% confidence

FIU-IND issued AML & CFT Guidelines for Reporting Entities Providing Services Related to Virtual Digital Assets on 10 March 2023, effective immediately; FIU-IND lists an updated version dated 8 January 2026 and registration circulars of 4 July 2023, 17 October 2023, 20 January 2025 and 15 September 2025.

aml 20% confidence

Screening obligations: Continuous screening of wallets, addresses, and counterparties against the Specially Designated Nationals (SDN) List (https://sanctionssearch.ofac.treas.gov), plus the 50% Rule (block entities owned ≥50% by SDN-listed persons) (https://ofac.treasury.gov/faqs/topic/1626). No crypto exceptions; includes sanctioned jurisdictions like Iran, North Korea, Syria, Cuba, Crimea/Donbas (https://ofac.treasury.gov/sanctions-programs-and-country-information).

aml 20% confidence

Blocking: Immediately freeze sanctioned cryptoassets (e.g., from designated wallets/exchanges like Blender.io or SUEX) and report to OFAC; no trading/transfer allowed without license (https://www.elliptic.co/blockchain-basics/what-are-ofac-crypto-sanctions).

aml 20% confidence

Penalties: Civil fines up to $1M+ per violation (e.g., Binance $3.4B in 2023 for Iran/Russia/Cuba dealings; Bittrex $24M) (https://sanctionslawyers.net/ofac-lawyers/ofac-cryptocurrency-sanctions/); criminal penalties possible. Indian VASPs risk secondary sanctions or PMLA fines up to ₹10 lakh + imprisonment.

aml 20% confidence

Screening obligations: Screen against EU Consolidated Financial Sanctions List (https://data.europa.eu/data/datasets/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions?locale=en); ≥50% ownership threshold codified in 19th Russia package (Oct 2025), banning crypto exchanges/transactions with targets like Rosneft (https://amlwatcher.com/blog/ofac-ofsi-eu-un-sanctions-screening-guide/). Sectoral bans (e.g., Russian LNG/crypto) apply.

aml 20% confidence

Blocking: Freeze assets of listed persons/entities; report to EU authorities.

aml 20% confidence

Screening obligations: Screen against UN Consolidated List (https://www.un.org/securitycouncil/content/un-sc-consolidated-list); covers terrorists, proliferators (e.g., North Korea).

aml 20% confidence

Blocking: Freeze assets and prohibit dealings.

aml 0% confidence

Penalties: PMLA fines (up to 3x contravention value) + 3-7 years imprisonment; FEMA violations up to 3x amount.

Evidence fact in.tax not found (may have been renamed).

tax 100% confidence

Transfers and trading: Flat 30% on profits.

tax 100% confidence

Section 115BBH of the Income-tax Act 1961, inserted by the Finance Act 2022 with effect from 1 April 2023 (assessment year 2023-24), taxes income from the transfer of a virtual digital asset at 30%, allows no deduction other than cost of acquisition, and bars setting off or carrying forward VDA losses. The Income-tax Act 2025 replaces the 1961 Act from 1 April 2026; the 1961 Act section numbers are cited here.

tax 100% confidence

Section 194S of the Income-tax Act 1961, inserted by the Finance Act 2022 with effect from 1 July 2022, requires 1% TDS on consideration paid to a resident for transferring a virtual digital asset, except where a specified person pays no more than ₹50,000, or any other payer no more than ₹10,000, in a financial year. The Income-tax Act 2025 replaces the 1961 Act from 1 April 2026; the 1961 Act section numbers are cited here.

Verdict Attribution

Source:
AI-Generated · Unreviewed
AI synthesized:
2026-07-13 (deepseek-chat)
Last updated:
2026-07-13
Confidence:
medium

This verdict was produced by an AI model from the underlying facts. Confirm with counsel before relying on it for material decisions.

Conditional — stablecoin issuance in India is legally ambiguous: no bespoke stablecoin or e-money framework exists, but a VASP must register with FIU-IND under the PMLA; the model faces severe tax friction (30% flat + 1% TDS), RBI hostility, and uncertain licensing requirements, making compliant operation possible only with significant legal structuring and regulatory forbearance.

Questions this verdict aims to answer

  • What e-money or banking license is required to issue?
  • What reserve composition, segregation, and audit rules apply?
  • What redemption rights must be granted to holders?
  • Are foreign-issued stablecoins permitted for use locally?